California enacts first-of-its-kind Workplace Violence Prevention Act

On September 30, 2023, Governor Gavin Newsom signed a new law requiring most employers in California to implement a workplace violence prevention plan by July 1, 2024. California’s Workplace Violence Prevention Act, or SB553, is the first in the nation to apply to employers across industries, with few exceptions. 

The new law aims to protect workers from the threat of workplace violence. This can include but is not exclusive to physical assaults, threats, harassment, intimidation, and other disruptive behaviors. The substantive requirements are very similar to the workplace violence prevention standard that Cal/OSHA adopted in October 2016, which applies exclusively to healthcare employers.

What are the main requirements of the law?

This new law requires employers to establish, implement, and maintain an effective workplace violence prevention plan as part of their Injury and Illness Prevention Plans. The plan should include, among other things, the following elements:

• The persons or job titles responsible for the plan;
• Effective procedures to obtain the active involvement in developing and implementing the plan;
• Methods the employer will use to coordinate the plan with employers, when applicable;
• Effective procedures for the employer to accept and respond to reports of workplace violence and to prohibit retaliation against an employee who makes such a report;
• Effective procedures to communicate with employees regarding workplace violence;
• Procedures to identify and evaluate workplace violence hazards;
• Procedures for post-incident response and investigation;
• Procedures to review the effectiveness of the plan and revise the plan as needed; and
• Initial training about the plan when first established and annual training.

In addition to the workplace violence prevention plan, employers must also keep the following records and produce them to Cal/OSHA upon request:

• Records of workplace violence hazard identification, evaluation, and correction for at least five years.
• Training records for at least one year.
• A violent incident log for at least five years.
• Records of workplace violence incident investigation for at least five years.

To read the complete list of employer requirements and records, take a closer look here.

How does this affect out-of-state employers?

This new law aims to reduce the incidence and impact of workplace violence in California by requiring employers to implement a comprehensive and proactive workplace violence prevention plan. Employers in California and those with any business operations or employees in the state should work with their legal teams to understand how this may impact them. Likewise, they may want to consult an attorney before making changes.

The law is the first statewide general industry workplace violence prevention safety requirement in the United States, likely setting a blueprint for other states and jurisdictions to follow. Being the first of its kind, certain details are still not clear. Verified Credentials will monitor this new law for updates on enforcement and implementation.